Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Mexico (Ratification: 1978)

Participation in consultations. In its 2012 direct request, the Committee asked the Government to send its comments in 2013 on the observations of the United Trade Union of Government Workers of the Federal District (SUTGDF) and the National Union of Workers (UNT). In August 2012, the UNT asked the Ministry of Labour and Social Security for copies of the reports sent to the ILO. The Committee notes with interest the Government’s indication in its report received in September 2013 that copies of the reports submitted this year to the ILO were sent to the UNT. The Committee recalls that the SUTGDF indicated that it is the majority trade union of workers in Mexico City and wished to be consulted by the Government on the subjects covered by the Convention. With regard to the request from the SUTGDF, the Government indicates that its practice, in accordance with Article 2 of the Convention, is to hold consultations with the federations and confederations of employers’ and workers’ organizations, not with individual trade unions, so that consultations are more effective. In its General Survey of 2000 on tripartite consultation, the Committee referred to a memorandum from the Office in reply to a request for an interpretation from the Government of Sweden concerning the term “the most representative organizations of employers and workers”, as provided for in Article 1 of the Convention (Official Bulletin, Vol. LXI, 1978, Series A, No. 3, pages 193–198, paragraph 16). Paragraph 34 of the 2000 General Survey states that the abovementioned term [most representative organizations] “does not mean only the largest organization of employers and the largest organization of workers. If in a particular country there are two or more organizations of employers or workers which represent a significant body of opinion, even though one of them may be larger than the others, they may all be considered to be ‘most representative organizations’ for the purpose of the Convention. The Government should endeavour to secure an agreement of all the organizations concerned in establishing the consultative procedures provided for by the Convention, but if this is not possible it is in the last resort for the Government to decide, in good faith in the light of the national circumstances, which organizations are to be considered as the most representative”. The Committee notes that the Government of Mexico refers to Article 2 of the Convention, paragraph 1, which lays down the obligation to establish procedures which ensure effective consultations between representatives of the government, of employers and of workers, and paragraph 2, which adds that the nature and form of such procedures shall be determined in accordance with national practice, after consultation with the representative organizations. The Committee invites the Government to indicate in its next report whether the representative organizations of employers and workers have been consulted on the operation of the procedures required by the Convention.